Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Florida Marijuana Laws

Lately it seems like every state has a different marijuana law. Between medical marijuana, decriminalization, and legalization, it’s hard to keep track of which laws apply where. Especially when different ballot measures and constitutional amendments keep popping up. The Sunshine State voted to legalize medicinal marijuana in 2016. Here’s a look at the state of Florida marijuana laws.

Marijuana Laws in Florida

While some other states have experimented with marijuana legalization and decriminalization, marijuana remains illegal in Florida unless being used in medicinal cases. Possession of small amounts of marijuana is a crime in the Sunshine State, albeit having less than 20 grams on you is a misdemeanor. While the option of drug diversion programs may be available for some first-time offenders with no criminal history, it's still a criminal offense.

Medical Marijuana Legal

In 2016, voters passed a constitutional amendment known as the "Florida Medical Marijuana Legalization Initiative," (Amendment 2). The amendment legalized medical marijuana for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician. It will go into effect will go into effect on January 3, 2017. For more information, speak with an experienced attorney or contact the Florida Department of Health.

Florida Marijuana Statutes

Drug laws can differ from state to state and that’s especially true for state marijuana laws. Learn more about Florida marijuana laws in the table below. Keep in mind, your Florida driver’s license may be suspended for marijuana-related convictions unrelated to driving.

Code Section

Florida Statute 893.13, et seq.


  • Under 20 grams: 1st degree misdemeanor; up to 1 year jail, fine
  • Over 20 grams to 25 lbs or under 300 plants: up to 5 years jail, fine
  • In excess of 25 lbs. is trafficking (1st degree felony)


3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084;

Subsequent offense: 15 yrs.


All sentencing done pursuant to sentencing guidelines:

25-2000 lbs.: mandatory $25,000 and 3 yrs.;

2000-10,000 lbs.: mandatory $50,000 and 7 yrs.;

Over 10,000 lbs.: 15 yrs. and mandatory $200,000

No matter what a state’s marijuana laws says, marijuana sale and possession is illegal under the Controlled Substance Act. Where federal and state law clash, federal law always trumps. To date, federal law enforcement agencies haven’t shown an interest prosecuting minor marijuana cases in Colorado and Washington, where recreational use is permitted. But that doesn’t mean the federal government has given up on enforcing restrictions on everything from the manufacturing and cultivation to the trafficking and distribution, as well as the possession of marijuana.

Related Resources for Florida Marijuana Laws:

State drug laws can change frequently, and their enforcement can vary depending on your specific circumstances. You can also conduct more of your own research in FindLaw’s drug charges section.

Additional Information on Florida Marijuana Laws

Charged Under Florida Marijuana Laws? Get Legal Help

Marijuana is still a controversial topic in this country, and is still illegal under federal law. If you or someone you love has been arrested for a marijuana-related crime or want more information surrounding medical marijuana in Florida, your best move is to contact an experienced drug crime lawyer near you today.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex drug crimes usually require a lawyer
  • Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
  • Drug crime laws involve many specifics that can quickly change a case

Get tailored legal advice and ask a lawyer questions. Many Florida attorneys offer free consultations for Drug Crime.


 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options